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2011 Wisconsin Act 125 - Seclusion and Physical Restraint Wisconsin Department of Public Instruction June, 2012.

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Presentation on theme: "2011 Wisconsin Act 125 - Seclusion and Physical Restraint Wisconsin Department of Public Instruction June, 2012."— Presentation transcript:

1 2011 Wisconsin Act Seclusion and Physical Restraint Wisconsin Department of Public Instruction June, 2012

2 Objectives Coverage Definitions Physical Restraint Seclusion Notification and Reporting Training Special Education Requirements Applicability of other statutory provisions Resources 2

3 Application of Act 125 Applies to both special education and regular education students. Applies to public schools, including charter schools. Applies to school staff, including independent contractors and their employees, and student teachers. Does not apply to law enforcement officers working in the school. 3

4 Definitions Physical restraint: a restriction that immobilizes or reduces the ability of a student to freely move his or her torso, arms, legs or head. Seclusion: the involuntary confinement of a student, apart from other students, in a room or area from which the student is physically prevented from leaving. 4

5 General Prohibition Prohibits the use of physical restraint and/or seclusion in public schools, including charter schools, except when: A students behavior presents a clear, present and imminent risk to the physical safety of the student or to others, and it is the least restrictive intervention feasible. 5

6 Physical Restraint Additionally, physical restraint may be used only when: There are no medical contraindications to its use; The degree of force and duration used do not exceed what is necessary and reasonable to resolve the risk to the physical safety of the student or others; and No prohibited maneuver is used. 6

7 What maneuvers or techniques are prohibited? Maneuvers or techniques that: Do not give adequate attention and care to protecting the pupils head; Cause chest compression by placing pressure or weight on the students chest, lungs, sternum, diaphragm, back or abdomen, Place pressure or weight on the students neck or throat, on an artery, or on the back of the students head or neck, or that otherwise obstruct the students circulation or breathing; or Constitute corporal punishment. 7

8 What about mechanical or chemical restraints? Mechanical and chemical restraints are prohibited under the Act. Supportive equipment is not mechanical restraint if used under the oversight of appropriate medical staff and: properly aligns a students body, assists in maintaining balance, or assists in mobility. 8

9 What is not physical restraint? Briefly touching a students hand, arm, shoulder or back to calm, comfort, or redirect the pupil is not considered physical restraint. 9

10 Seclusion Remember, just as with physical restraint, seclusion may only be used when a students behavior presents a clear, present and imminent risk to the physical safety of the student or to others and it is the least restrictive intervention feasible. 10

11 Under what conditions may seclusion be used? In addition, seclusion may only be used when: Constant supervision of the student is maintained. Seclusion is used no longer than necessary to resolve the risk to the physical safety of the student or others, and The student has adequate access to the bathroom, drinking water, required medications, and regularly scheduled meals. 11

12 What are the requirements for a room used as seclusion? In addition to being in compliance with all applicable school building codes, a room may only be used for seclusion if: The room or area is free of objects or fixtures that may cause injury, There are no locks on the door, including hold down type mechanisms that immediately release when pressure is removed. 12

13 What is not seclusion? Unless the student is confined to an area and is physically prevented from leaving, it is not considered seclusion to: Direct a disruptive student to temporarily separate himself or herself from the activity in the classroom to regain control, Direct a student to temporarily remain in the classroom to complete tasks while other students participate in activities outside of the classroom. 13

14 Notification Requirements If seclusion and/or physical restraint is used on a student at school, the principal or designee must o As soon as possible, but no later than one business day after the incident, notify the students parent of the incident and of the availability of the written report. 14

15 Reporting Requirements Within two business days after the incident, after consulting with school staff present, prepare a written report containing all of the following information: The students name, The date, time, and duration of the incident, A description of the incident including a description of the students behavior before and after the incident, and The names and titles of school staff present during the incident. 15

16 Reporting Requirements The written report must be kept at the school and made available for review by the students parents within three business days of the incident. 16

17 Reporting Requirements Each year, by September 1, the principal or designee must submit to the school board a report of: the number of incidents of seclusion and physical restraint in the previous year, the total number of students involved in the incidents, and the total number of students with disabilities involved in the incidents. 17

18 Training Requirements No school staff may use physical restraint unless he or she has received training. Each school where physical restraint may be used must have at least one staff member who has received training. The school must keep a record of the training received by staff, including information about how long the training is considered valid by the training program. 18

19 Training Requirements The training must include: Methods of preventing the need for physical restraint; Instruction in the identification and description of dangerous behavior indicating the need for physical restraint, and in methods of evaluating risk of harm to determine whether physical restraint is needed; Experience in administering and receiving various types of physical restraint; 19

20 Training Requirements, Continued The training must also include: Instruction on the effects of physical restraint on the person restrained, methods of monitoring signs of physical distress, and techniques for determining when medical assistance may be needed; Instruction in documenting and reporting incidents of physical restraint; and Demonstration of proficiency in administering physical restraint. 20

21 Unforeseen Emergency Exception School staff who have not received the prescribed training in physical restraint may use physical restraint on a student at school: only in an emergency, and only if school staff members who have received training are not immediately available. 21

22 Individualized Education Program (IEP) Requirements If the IEP team determines that the use of seclusion or restraint may be reasonably anticipated for the student, the IEP must include: Appropriate positive interventions and supports and other strategies that address the behavioral concerns based on a functional behavioral assessment; and Clear statements that the use of restraint and/or seclusion may be used. 22

23 Individualized Education Program (IEP) Requirements The first time that seclusion or physical restraint is used on a student, the students IEP team must meet as soon as possible after the incident. The IEP team must review the students IEP to make sure it contains appropriate positive behavioral interventions, supports, and other strategies to address the behavior, and revise if necessary. 23

24 Authority under other statutory provisions Nothing in the Act affects the ability of school staff to remove a student from class under current law (section (3) (b) of the Wisconsin Statutes). 24

25 Authority under other statutory provisions Nothing in the Act affects the ability of school staff to use the exceptions to the prohibition on corporal punishment under current law (section (3) of the Wisconsin Statutes). 25

26 What can we do now? Review IEPs for compliance with Act Training staff – documentation Review seclusion rooms Create/review incident report forms Talk to parents Continue to implement Directives until August 31,

27 Resources Link to web-based resources: Patricia Williams, School Administration Consultant Marge Resan, School Administration Consultant


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